UPGRADING STATUS on I-130

[cinthya85 0]

Hi there everyone im a canadian that is currently residing in florida with my husband

I entered as a tourist (since canadians dont need a visa to enter U.S). we filed form I-130 on aug 30/2008

and recieved I-797 on sept 6. When my husband filed he was a LPR and now on oct 18 became an american citizen.

The lawyer that filled out form I-130 told us not to take out his passport yet because we will need copies of his certificate of naturalization.

In addition he told us to get all the required documentation and fees so we can file the I-864.

He told me to get everything that is required, but the weird thing is he also said to do the medical examination done, isnt that a bit weird but i did

it just in case. Do i send the medical examination in when i send in the I-864? or wait till they ask for it?

I also went to get the Police Record and the officer put Cinthia Orozco instead of Cinthya, will I have problems with this ????

If i get this police record re done should i tell them to put my married name also , because in the application i put my married name, but in my candadian passport and all my id has my maiden name?

I called in and they told me in order to upgrade the status i'll need to send in proof (natur. certif) oh and they did upgrade by phone and they gave me a service order #, I sent the copy of the certificate today i mailed it in to the nebraska service center,

thats what they told me to do , should i have sent it somewhere else, and should i also fax it....whats the fax number just in case?

Also just wondering since i entered as a tourist what type of visa would that qualify as? The immigration officer I spoke with also told me to file form

I-765 and form I-131(for travel document) she said these two forms are free when u file form I-864. Just wondering can i pay the I-864 fee online also ,

do i pay it before i send it if i do pay it online? or is it only for dor ds-230 and the AOS u can pay online?

Remember my situation is a little different because im already in the U.S hopefully it goes a little faster... please pray for me!!!!

I've gained much knowledge from the posts i've read and has given me much clarity on the process , awesome recollection LingChe!!

If anyone here can shed a little light on my situation i'd greatly appreciate it, u can email me too... so i can see the response much quicker,

cinthyasmartinez@hotmail.com

Thank you and sorry bout the rambling....

[ninjarocket 1]

Filing an I-130 as the beneficiary of a LPR while in the US is very risky. Normally, such a beneficiary is a "preference relative" and needs to wait years (maybe 5 or more) for a visa number to become available. If you stay in the US beyond the tourist expiration visa expiration, you could be at risk of deportation and a temporary bar on entering the US.

The upgrade could possibly save you since your petitioner is now a US citizen. However, you shouldn't have sent in a I-485 with the I-130 while your petitioner was a LPR. Most likely you will now need to wait for the I-130 to be approved before filing the I-485, which could take some time.

Hi there everyone im a canadian that is currently residing in florida with my husband

I entered as a tourist (since canadians dont need a visa to enter U.S). we filed form I-130 on aug 30/2008

and recieved I-797 on sept 6. When my husband filed he was a LPR and now on oct 18 became an american citizen.

The lawyer that filled out form I-130 told us not to take out his passport yet because we will need copies of his certificate of naturalization.

In addition he told us to get all the required documentation and fees so we can file the I-864.

He told me to get everything that is required, but the weird thing is he also said to do the medical examination done, isnt that a bit weird but i did

it just in case. Do i send the medical examination in when i send in the I-864? or wait till they ask for it?

I also went to get the Police Record and the officer put Cinthia Orozco instead of Cinthya, will I have problems with this ????

If i get this police record re done should i tell them to put my married name also , because in the application i put my married name, but in my candadian passport and all my id has my maiden name?

I called in and they told me in order to upgrade the status i'll need to send in proof (natur. certif) oh and they did upgrade by phone and they gave me a service order #, I sent the copy of the certificate today i mailed it in to the nebraska service center,

thats what they told me to do , should i have sent it somewhere else, and should i also fax it....whats the fax number just in case?

Also just wondering since i entered as a tourist what type of visa would that qualify as? The immigration officer I spoke with also told me to file form

I-765 and form I-131(for travel document) she said these two forms are free when u file form I-864. Just wondering can i pay the I-864 fee online also ,

do i pay it before i send it if i do pay it online? or is it only for dor ds-230 and the AOS u can pay online?

Remember my situation is a little different because im already in the U.S hopefully it goes a little faster... please pray for me!!!!

I've gained much knowledge from the posts i've read and has given me much clarity on the process , awesome recollection LingChe!!

If anyone here can shed a little light on my situation i'd greatly appreciate it, u can email me too... so i can see the response much quicker,

cinthyasmartinez@hotmail.com

Thank you and sorry bout the rambling....

[cinthya85 0]

Filing an I-130 as the beneficiary of a LPR while in the US is very risky. Normally, such a beneficiary is a "preference relative" and needs to wait years (maybe 5 or more) for a visa number to become available. If you stay in the US beyond the tourist expiration visa expiration, you could be at risk of deportation and a temporary bar on entering the US.

The upgrade could possibly save you since your petitioner is now a US citizen. However, you shouldn't have sent in a I-485 with the I-130 while your petitioner was a LPR. Most likely you will now need to wait for the I-130 to be approved before filing the I-485, which could take some time.

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When I entered the U.S which was two years ago I was not given a limit on my tourist visa, at that time they still hadnt put restrictions on how long Canadian Citizens can stay in the U.S. I'm gonna try to stay in contact with immigration and calling them often to see if NVC has recieved the I-130 form we sent to USCIS, I called yesterday and they said they still hadnt recieved anything , remember we recieved the I-797 notice of action on sept 1 so theres still some time but i plan to call often so I can get the id # so i can pay the fees online. I havent sent the I-485 yet im waiting for the I-130 to get approved with the newly ugraded status. So if theres any other suggestions you have please feel free to share.... thanks for the rapid response!